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O.B. Jovenir Construction, et al. vs. Macamir Realty and Development Corporation, et al

O.B. JOVENIR CONSTRUCTION AND DEVELOPMENT CORPORATION, OSCAR B. JOVENIR and GREGORIO LIONGSON, Petitioners, vs. MACAMIR REALTY AND DEVELOPMENT CORPORATION, SPOUSES ROSAURO and GLORIA MIRANDA and the HONORABLE COURT OF APPEALS, Respondents.

G.R. No. 135803 | 2006-03-28



THIRD DIVISION
D E C I S I O N

TINGA, J.:

In denying the present petition, the Court affirms the right of a plaintiff to cause the dismissal of the complaint at any time before service of the answer without need of affirmative action on the part of the trial court. It must be qualified though that the incidents for adjudication occurred a few months before the effectivity of the 1997 Rules of Civil Procedure[1] which now requires that upon the filing of such notice, the court issue an order confirming the dismissal.[2] The precedental value of this decision is thus qualified to instances occurring prior to the 1997 Rules of Civil Procedure....